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CERTIFIED MAIL - RETURN RECEIPT REQUESTED
October 7, 2009
Mr. Milton Allgood
(Address withheld)
(City/State withheld)
Re: Warning For Unlicensed Radio Operation
EB-09-GB-0273
Dear Mr. Allgood:
It has come to the attention of the Federal Communications Commission that
at various times in the last several months you have operated overpowered
transmitting equipment on 11 meters.
The Commission's rules require that you operate your CB station with an
FCC certified CB transmitter. The rules also prohibit the use of external
radiofrequency power amplifiers (sometimes called linears or linear
amplifiers). The rules further provide that use of a non-certified CB
transmitter and/or a power amplifier voids your authority to operate the
station."
Operation of radio transmitting equipment without a valid FCC
authorization is a violation of Section 301 of the Communications Act of
1934, as amended, and may subject the responsible parties to substantial
monetary forfeitures, in rem arrest action against the offending radio
equipment, and criminal sanctions including imprisonment. Because
unlicensed operation creates a danger of interference to important radio
communications services and may subject the operator to severe penalties,
this warning emphasizes the importance of complying strictly with these
legal requirements.
UNAUTHORIZED OPERATION OF THIS RADIO STATION MUST CEASE IMMEDIATELY.
You have ten (10) days from the date of receipt of this warning to respond
to this office. The response must contain a statement of the specific
action(s) taken to bring your CB station into compliance with the
Commission's rules and should include a time line for completion of
pending corrective action(s). You are directed to support your response
with a signed and dated affidavit or declaration under penalty of perjury,
verifying the truth and accuracy of the information submitted in your
response. Your response should be sent to: 1270 Fairfield Road,
Gettysburg, PA 17325 and reference the listed case number.
In an inquiry of this type we are required to notify you that under the
Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3), the Commission's staff will
use all relevant information before it, including information you disclose
in your reply, to determine what, if any, enforcement action is warranted
in this matter.
You may contact me at 717-338-2577 should you wish to discuss this matter.
Sincerely,
Laura L. Smith
Special Counsel
Cc: Detroit Field Office
Northeast Regional Director
47 C.F.R. S: 95.409(a).
47 C.F.R. S: 95.411(a)(1).
See 47 C.F.R. S:S: 95.409 (a); 95.411(b).
47 U.S.C. S: 301.
Fines normally range from $7,500 to $10,000.
See S:S: 401, 501, 503, 510.